Current Status Introducing Body:House Bill Number:4722 Primary Sponsor:Harrelson Committee Number:25 Type of Legislation:GB Subject:Joint committee to review candidates Residing Body:House Current Committee:Judiciary Computer Document Number:BBM/9957.JM Introduced Date:Apr 14, 1992 Last History Body:House Last History Date:Apr 14, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Harrelson Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4722 House Apr 14, 1992 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 2-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JOINT COMMITTEE TO REVIEW CANDIDATES FOR OFFICES ELECTED BY THE GENERAL ASSEMBLY, SO AS TO PROVIDE FOR A SCREENING COMMITTEE OF MEMBERS OF THE GENERAL ASSEMBLY AND NONLEGISLATORS TO SCREEN CANDIDATES FOR JUDGESHIPS AND DESIGNATED APPOINTEES TO THE STATE WORKERS' COMPENSATION COMMISSION, AND PROVIDE FOR RELATED MATTERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 2-19-10 of the 1976 Code is amended to read:
"Section 2-19-10. (A) Whenever an election is to be held by the General Assembly in Joint Session joint session, including members of the judiciary, a joint committee, composed of eight members, four of whom shall be members of the House of Representatives and four of whom shall be members of the Senate, shall must be appointed to consider the qualifications of the candidates. Each body shall determine how its respective members shall be are selected. Each joint committee shall meet as soon after its appointment as may be practicable and shall elect one of its members as chairman, one as secretary, and such other officers as it may deem considers desirable.
(B) Notwithstanding subsection (A) or any other provision of law, when an election is to be held in joint session for members of the judiciary, or when a seat on the State Workers' Compensation Commission is to be filled, the screening committee must consist of the following:
(1) two attorneys at law who are not legislators and whose practice is predominantly defense and two attorneys at law who are not legislators and who have a predominantly plaintiff's practice. These four members of the screening committee must be elected by the General Assembly in joint session from a list of eight attorneys at law, four qualified persons for the two defense attorney seats and four qualified persons for the two plaintiff attorney seats, which list must be submitted to the General Assembly by the South Carolina Bar;
(2) two members of the House of Representatives to be appointed by the Speaker;
(3) two members of the Senate to be appointed by the President pro tempore; and
(4) two persons from the State at large who are not attorneys and who are nonlegislators to be appointed by the Governor.
The terms of office of the nonlegislative members are for two years from the date of appointment or election and until their successors are appointed, or elected, and qualify. Vacancies occurring for any reason must be filled in the same manner of original appointment or election. The legislative members of the screening committee shall serve at the discretion of the respective officers who appoint them.
The committee shall meet as soon after its selection as practicable and elect one of its members as chairman, one as secretary, and other officers it considers desirable.
For the purposes of this subsection, `judiciary' means the family court, circuit court, Court of Appeals, and State Supreme Court.
No candidate for a judgeship under this subsection or designated appointee for a seat on the Workers' Compensation Commission shall contact any member of the committee except as he may be required by law or rule to file for the position or in response to official requests from the committee. The committee is authorized in its discretion to disqualify such a candidate or designated appointee for wrongful conduct in soliciting support prior to the issuance of the screening report. The election for the position, if judicial, must be held not earlier than forty-five days, nor later than sixty days, after the date on which the committee's screening report is issued.
Before making an appointment to the Workers' Compensation Commission, the Governor shall submit to the screening committee under this subsection the name of the person he intends to appoint in accordance with Section 42-3-20. That person is subject to pre-appointment screening as provided for in this subsection. The submission to the Senate of the appointment by the Governor must be made not earlier than twenty days, nor later than forty-five days, after the date on which the committee's screening report is issued. Nothing in this subsection shall be construed to require the Governor to appoint to the Workers' Compensation Commission, pursuant to Section 42-3-20, the person screened under this subsection.
In the case of an appointment to a seat on the Workers' Compensation Commission, the Governor shall submit the name of the person he intends to appoint to the committee for the purpose of determining the ability of that person to comprehend and apply the applicable rules, regulations, and laws to the facts in workers' compensation matters in a just, equitable, and impartial manner. The committee shall make its report as required under this subsection to the Governor.
The Division of Court Administration shall publish and send every member of the South Carolina Bar the votes of the committee on every applicant for a judicial position and on every intended appointee to a seat on the Workers' Compensation Commission under this subsection, as well as the votes of each member of the General Assembly on candidates for a judicial position and the votes of the Senate in the consent or confirmation procedure for appointees to the Workers' Compensation Commission. These votes so published to the public and the Bar shall not be a bar to representation by said members of the General Assembly before the courts or the Workers' Compensation Commission."
SECTION 2. This act takes effect upon approval by the Governor.